Escolar Documentos
Profissional Documentos
Cultura Documentos
* EN BANC.
161
162
163
starting capacity. Courts may exercise such power only when the
following requisites are present: first, there must be an actual
case or controversy; second, petitioners have to raise a question of
constitutionality; third, the constitutional question must be raised
at the earliest opportunity; and fourth, the decision of the
constitutional question must be necessary to the determination of
the case itself.
164
165
166
167
168
169
170
171
172
173
174
174 SUPREME COURT REPORTS ANNOTATED
176
177
178
179
180
181
182
183
The first time they learned of it was at the time of the dispersal.
Such absence of notice is a fatal defect. When a persons right is
restricted by government action, it behooves a democratic
government to see to it that the restriction is fair, reasonable, and
according to procedure.
184
185
186
187
VOL. 489, MAY 3, 2006 187
188
189
190
191
has not arrogated unto herself the power to issue decrees in the
mold of the infamous Marcos decrees.
Same; The unique nature of the office affords the President the
opportunity to profoundly influence the public discourse, not
necessarily through the enactment or enforcement of laws, but
specially by the mere expediency of taking a stand on the issues of
the day.The unique nature of the office affords the President the
opportunity to profoundly influence the public discourse, not
necessarily through the enactment or enforcement of laws, but
specially by the mere expediency of taking a stand on the issues of
the day. Indeed, the President is expected to exercise leadership
not merely through the proposal and enactment of laws, but by
making such vital stands. U.S. President Theodore Roosevelt
popularized the notion of the presidency as a bully pulpit, in line
with his belief that the President was the steward of the people
limited only by the specific restrictions and prohibitions
appearing in the Constitution, or impleaded by Congress under its
constitutional powers.
192
Same; Same; The fact that Section 17, Article XII, is purposely
ambivalent as to whether the President may exercise the power
therein with or without congressional approval leads me to
conclude that it is constitutionally permissible to recognize
exceptions, such as in extreme situations wherein obtention of
congressional authority is impossible or inexpedient considering
the emergency.I concede that it is fundamentally sound to
construe Section 17 as requiring congressional authority or
approval before the takeover under the provision may be effected.
After all, the taking over of a privately owned public utility or
business affected with public interest would involve an
infringement on the right of private enterprise to profit; or
perhaps even expropriation for a limited period. Constitutionally,
the taking of property can only be accomplished with due process
of law, and the enactment of appropriate legislation prescribing
the terms and conditions under which the President may exercise
the powers of
193
the State under Section 17 stands as the best assurance that due
process of law would be observed. The fact that Section 17 is
purposely ambivalent as to whether the President may exercise
the power therein with or without congressional approval leads
me to conclude that it is constitutionally permissible to recognize
exceptions, such as in extreme situations wherein obtention of
congressional authority is impossible or inexpedient considering
the emergency. I thus dissent to any proposition that such
requirement is absolute under all circumstances. I maintain that
in such extreme situations, the President may exercise such
authority subject to judicial review. It should be admitted that
some emergencies are graver and more imminent than others. It
is not within the realm of impossibility that by reason of a
particularly sudden and grave emergency, Congress may not be
able to convene to grant the necessary congressional authority to
the President. Certainly, if bombs from a foreign invader are
falling over Manila skies, it may be difficult, not to mention
unnecessarily onerous, to require convening Congress before the
President may exercise the functions under Section 17, Article
XII. The proposition of the majority may be desirable as the
general rule, but the correct rule that should be adopted by the
Court should not be so absolute so as to preclude the exercise by
the President of such power under extreme situations.
194
195
196
197
SANDOVALGUTIERREZ, J.:
_______________
199
_______________
200
201
202
_______________
203
_______________
5 Ibid.
6 Ibid.
7 Minutes of the Intelligence Report and Security Group, Philippine
Army, Annex I of Respondents Consolidated Comment.
204
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205
_______________
9 Ibid.
10 Ibid.
206
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207
_______________
208
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14 Ibid.
209
210
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15 The prime duty of the Government is to serve and protect the people.
The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided
by law, to render personal military or civil service.
16 No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the
laws.
17 The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
18 No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to assemble
and petition the Government for redress of grievances.
19 (1) The Congress, by a vote of twothirds of both Houses in joint
session assembled, voting separately, shall have the sole power to declare
the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
20 In times of national emergency, when the public interest so requires,
the State may, during the emergency and under reasonable terms
prescribed by it, temporarily take over or direct the operation
211
_______________
212
A. PROCEDURAL:
B. SUBSTANTIVE:
a. Facial Challenge
b. Constitutional Basis
c. As Applied Challenge
A. PROCEDURAL
_______________
213
But the power of judicial review23 does not repose upon the
courts a selfstarting capacity. Courts may exercise such
power only when the following requisites are present: first,
there must be an actual case or controversy; second,
petitioners have to raise a question of constitutionality;
third, the constitutional question must be raised at the
earliest opportunity; and fourth, the decision of the
constitutional question must24 be necessary to the
determination of the case itself.
Respondents maintain that the first and second
requisites are absent, hence, we shall limit our discussion
thereon.
An actual case or controversy involves a conflict of legal
right, an opposite legal claims susceptible of judicial
resolution. It is definite and concrete, touching the legal
relations of parties having adverse legal interest; a real 25
and substantial controversy admitting of specific relief.
The Solicitor General refutes the existence of such actual
case or controversy, contending that the present petitions
were rendered moot and academic by President Arroyos
issuance of PP 1021.
Such contention lacks merit.
A moot and academic case is one that ceases to present26
a
justiciable controversy by virtue of supervening events, so
_______________
22 Howard L. MacBain, Some Aspects of Judicial Review, Bacon
Lectures on the Constitution of the United States (Boston: Boston
University Heffernan Press, 1939), pp. 37677.
23 The Court has no selfstarting capacity and must await the action of
some litigant so aggrieved as to have a justiciable case. (Shapiro and
Tresolini, American Constitutional Law, Sixth Edition, 1983, p. 79).
24 Cruz, Philippine Political Law, 2002 Ed., p. 259.
25 Ibid.
26 Province of Batangas v. Romulo, G.R. No. 152774, May 27, 2004, 429
SCRA 736.
214
_______________
27 Banco Filipino Savings and Mortgage Bank v. Tuazon, Jr., G.R. No.
132795, March 10, 2004, 425 SCRA 129; Vda. de Dabao v. Court of
Appeals, G.R. No. 1165, March 23, 2004, 426 SCRA 91; and Paloma v.
Court of Appeals, G.R. No. 145431, November 11, 2003, 415 SCRA 590.
28 Royal Cargo Corporation v. Civil Aeronautics Board, G.R. Nos.
10305556, January 26, 2004, 421 SCRA 21; Vda. de Dabao v. Court of
Appeals, supra.
29 Lacson v. Perez, G.R. No. 147780, May 10, 2001, 357 SCRA 756.
30 Cruz, Philippine Political Law, 2002, p. 268 citing Norton v. Shelby,
118 U.S. 425.
31 Province of Batangas v. Romulo, supra.
32 Lacson v. Perez, supra.
215
_______________
216
II Legal Standing
In view of the number of petitioners suing in various
personalities, the Court deems it imperative to have a more
than passing discussion on legal standing or locus standi.
Locus standi is defined as a right 37of appearance in a
court of justice on a given question. In private suits,
standing is governed by the realpartiesin interest rule
as contained in Section 2, Rule 3 of the 1997 Rules of Civil
Procedure, as amended. It provides that every action
must be prosecuted or defended in the name of the
real party in interest. Accordingly, the realpartyin
interest is the party who stands to be benefited or
injured by the judgment in the 38suit or the party
entitled to the avails of the suit. Succinctly put, the
plaintiffs standing is based on his own right to the relief
sought.
The difficulty of determining locus standi arises in
public suits. Here, the plaintiff who asserts a public
right in assailing an allegedly illegal official action, does so
as a representative of the general public. He may be a
person who is affected no differently from any other person.
He could be suing as a stranger, or in the category of a
citizen, or taxpayer. In either case, he has to adequately
show that he is entitled to seek judicial protection. In other
words, he has to make out a sufficient interest in the
vindication of the public order and the securing of relief as
a citizen or taxpayer.
Case law in most jurisdictions now allows both citizen
and taxpayer standing in public actions. 39The distinction
was first laid down in Beauchamp v. Silk, where it was
held that the plaintiff in a taxpayers suit is in a different
category from the plaintiff in a citizens suit. In the
former, the plaintiff is affected by the expenditure of
public funds, while in
_______________
217
_______________
40 19 Wend. 56 (1837).
41 232 NC 48, 59 SE2d 359 (1950).
42 302 U.S. 633.
43 318 U.S. 446.
44 65 Phil. 56 (1937).
218
_______________
Thus, the Court has adopted a rule that even where the
petitioners have failed to show direct injury, they have
been
_______________
220
220 SUPREME COURT REPORTS ANNOTATED
David vs. MacapagalArroyo
_______________
221
_______________
222
222 SUPREME COURT REPORTS ANNOTATED
David vs. MacapagalArroyo
59
In Sanlakas v. Executive Secretary, the Court ruled that
only the petitioners who are members of Congress have
standing to sue, as they claim that the Presidents
declaration of a state of rebellion is a usurpation of the
emergency powers of Congress, thus impairing their
legislative powers. As to petitioners Sanlakas,
Partido Manggagawa, and Social Justice Society, the
Court declared them to be devoid of standing, equating
them with the LDP in Lacson.
Now, the application of the above principles to the
present petitions.
The locus standi of petitioners in G.R. No. 171396,
particularly David and Llamas, is beyond doubt. The same
holds true with petitioners in G.R. No. 171409, Cacho
Olivares and Tribune Publishing Co. Inc. They alleged
direct injury resulting from illegal arrest and unlawful
search committed by police operatives pursuant to PP
1017. Rightly so, the Solicitor General does not question
their legal standing.
In G.R. No. 171485, the opposition Congressmen
alleged there was usurpation of legislative powers. They
also raised the issue of whether or not the concurrence of
Congress is necessary whenever the alarming powers
incident to Martial Law are used. Moreover, it is in the
interest of justice that those affected by PP 1017 can be
represented by their Congressmen in bringing to the
attention of the Court the alleged violations of their basic
rights.
In G.R. No. 171400, (ALGI), this Court 60
applied the
liberality rule in Philconsa v. Enriquez, Kapatiran Ng
Mga 61Naglilingkod sa Pamahalaan ng Pilipinas, Inc. v.
Tan, Association of Small Landowners 62
in the Philippines,
Inc. v. Secretary of Agrarian Reform, Basco v. Philippine
Amusement and Gam
_______________
223
_______________
224
_______________
225
B. SUBSTANTIVE
_______________
226
_______________
227
_______________
228
_______________
229
_______________
230
_______________
85 Ibid.
86 The Social Contract (New York: Dutton, 1950), pp. 123124.
87 Smith and Cotter, Powers of the President during Crises, 1972, pp. 6
7.
88 Representative Government, New York, Dutton, 1950, pp. 274, 277
78.
231
_______________
232
_______________
93 Ibid., p. 353.
94 Ibid., pp. 338341.
95 Smith and Cotter, Powers of the President During Crises, 1972, p. 9.
96 Constitutional Government and Democracy, Ch. XXVI, rev. ed.,
Boston: Ginn & Co., 1949, p. 580.
97 Ibid., pp. 574584.
233
_______________
98 Smith and Cotter, Powers of the President During Crises, 1972, p. 10.
234
_______________
235
_______________
101 Smith and Cotter, Powers of the President During Crises, 1972, p.
12.
236
a. Facial Challenge
Petitioners contend that PP 1017 is void on its face because
of its overbreadth. They claim that its enforcement
encroached on both unprotected and protected rights under
Section 4, Article III of the Constitution and sent a chilling
effect to the citizens.
A facial review of PP 1017, using the overbreadth
doctrine, is uncalled for.
First and foremost, the overbreadth doctrine is an
analytical tool developed for testing on their faces
statutes in free speech cases, also known 103
under the
American Law as First Amendment cases.
A plain reading of PP 1017 shows that it is not primarily
directed to speech or even speechrelated conduct. It is
actually a call upon the AFP to prevent or suppress all
forms of
_______________
102 Youngstown Sheet and Tube Co. v. Sawyer, 343 U.S. 579; 72 Sup. Ct.
863; 96 L. Ed. 1153 (1952), See Concurring Opinion J. Jackson.
103 See Concurring Opinion of Justice Mendoza in Estrada v.
Sandiganbayan, G.R. No. 148560, November 19, 2001, 369 SCRA 393.
237
_______________
238
_______________
239
_______________
109 401 U.S. 37, 5253, 27 L.Ed.2d 669, 680 (1971), United States v.
Raines, 362 U.S. 17, 4 L.Ed.2d 524 (1960); Board of Trustees, State Univ.
of N.Y v. Fox, 492 U.S. 469, 106 L. Ed. 2d 388 (1989).
110 ErmitaMalate Hotel and Motel Operators Association v. City Mayor,
No. L24693, July 31, 1967, 20 SCRA 849 (1967).
240
First provision:
by virtue of the power vested upon me by Section 18, Artilce
VII . . . do hereby command the Armed Forces of the Philippines,
to maintain law and order throughout the Philippines, prevent or
suppress all forms of lawless violence as well any act of
insurrection or rebellion
Second provision:
and to enforce obedience to all the laws and to all decrees,
orders and regulations promulgated by me personally or upon my
direction;
Third provision:
as provided in Section 17, Article XII of the Constitution do
hereby declare a State of National Emergency.
_______________
111 G.R. No. 159085, February 3, 2004, 421 SCRA 656, wherein this
Court sustained President Arroyos declaration of a state of rebellion
pursuant to her callingout power.
241
242
_______________
112 Supra.
243
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244
_______________
245
SEC. 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the
laws be faithfully executed.
115
As the Executive in whom the executive power is vested,
the primary function of the President is to enforce the laws
as well as to formulate policies to be embodied in existing
laws. He sees to it that all laws are enforced by the officials
and employees of his department. Before assuming office,
he is required to take an oath or affirmation to the effect
that as President of116
the Philippines, he will, among others,
execute its laws. In the exercise of such function, the
President, if needed, may employ the powers attached to
his office as the CommanderinChief
117
of all the armed
forces 118
of the country, including the Philippine National
Police under
119
the Department of Interior and Local
Government.
Petitioners, especially Representatives Francis Joseph
G. Escudero, Satur Ocampo, Rafael Mariano, Teodoro
Casio, Liza Maza, and Josel Virador argue that PP 1017 is
unconstitutional as it arrogated upon President Arroyo the
power to enact laws and decrees in violation of Section 1,
Article VI of the Constitution, which vests the power to
enact laws in Congress. They assail the clause to enforce
obedience to all
_______________
246
_______________
120 Ironically, even the 7th Whereas Clause of PP 1017 which states
that Article 2, Section 4 of our Constitution makes the defense and
preservation of the democratic institutions and the State the primary duty
of Government replicates more closely Section 2, Article 2 of the 1973
Constitution than Section 4, Article 2 of the 1987 Constitution which
provides that, [t[he prime duty of the Government is to serve and
protect the people.
247
_______________
249
_______________
122 Section 17, Article XIV of the 1973 Constitution reads: In times of
national emergency when the public interest so requires, the State may
temporarily take over or direct the operation of any privately owned public
utility or business affected with public interest.
250
_______________
252
_______________
125 343 U.S. 579; 72 Sup. Ct. 863; 96 L. Ed. 1153 (1952).
253
_______________
254
_______________
255
256
x x x
After all the criticisms that have been made against the
efficiency of the system of the separation of powers, the fact
remains that the Constitution has set up this form of government,
with all its defects and shortcomings, in preference to the
commingling of powers in one man or group of men. The Filipino
people by adopting parliamentary government have given notice
that they share the faith of other democracyloving peoples in this
system, with all its faults, as the ideal. The point is, under this
framework of government, legislation is preserved for Congress
all the time, not excepting periods of crisis no matter how serious.
Never in the history of the United States, the basic features of
whose Constitution have been copied in ours, have specific
functions of the legislative branch of enacting laws been
surrendered to another departmentunless we regard as
legislating the carrying out of a legislative policy according to
prescribed standards; no, not even when that Republic was
fighting a total war, or when it was engaged in a lifeanddeath
struggle to preserve the Union. The truth is that under our
concept of constitutional government, in times of extreme perils
more than in normal circumstances the various branches,
executive, legislative, and judicial, given the ability to act, are
called upon to perform the duties and discharge the
responsibilities committed to them respectively.
_______________
257
c. AS APPLIED CHALLENGE
One of the misfortunes of an emergency, particularly, that
which pertains to security, is that military necessity and
the guaranteed rights of the individual are often not
compatible. Our history reveals that in the crucible of
conflict, many rights are curtailed and trampled upon.
Here, the right against unreasonable search and
seizure; the right against warrantless arrest; and the
freedom of speech, of expression, of the press, and of
assembly under the Bill of Rights suffered the greatest
blow.
Of the seven (7) petitions, three (3) indicate direct
injury.
In G.R. No. 171396, petitioners David and Llamas
alleged that, on February 24, 2006, they were arrested
without warrants on their way to EDSA to celebrate the
20th Anniversary of People Power I. The arresting officers
cited PP 1017 as basis of the arrest.
In G.R. No. 171409, petitioners CachoOlivares and
Tribune Publishing Co., Inc. claimed that on February 25,
2006, the CIDG operatives raided and ransacked without
warrant their office. Three policemen were assigned to
guard their office as a possible source of destabilization.
Again, the basis was PP 1017.
258
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259
VOL. 489, MAY 3, 2006 259
David vs. MacapagalArroyo
138
result arising from its exertion. This is logical. Just
imagine the absurdity of situations when laws maybe
declared unconstitutional just because the officers
implementing them have acted arbitrarily. If this were so,
judging from the blunders committed by policemen in the
cases passed upon by the Court, majority of the provisions
of the Revised Penal Code would have been declared
unconstitutional a long time ago.
President Arroyo issued G.O. No. 5 to carry into effect
the provisions of PP 1017. General orders are acts and
commands of the President in his capacity as Commander
inChief of the Armed Forces of the Philippines. They are
internal rules issued by the executive officer to his
subordinates precisely for the proper and efficient
administration of law. Such rules and regulations create
no relation except between the139
official who issues them and
the official who receives them. They are based on and are
the product of, a relationship in which
140
power is their
source, and obedience, their object. For these reasons,
one requirement for these rules to be valid is that they
must be reasonable, not arbitrary or capricious.
G.O. No. 5 mandates the AFP and the PNP to
immediately carry out the necessary and appropriate
actions and measures to suppress and prevent acts
of terrorism and lawless violence.
Unlike the term lawless violence which is unarguably
extant in our statutes and the Constitution, and which is
invariably associated with invasion, insurrection or
rebellion, the phrase acts of terrorism is still an
amorphous and vague
_______________
260
261
262
_______________
263
_______________
264
144
144
In the Brief Account submitted by petitioner David,
certain facts are established: first, he was arrested without
warrant; second, the PNP operatives arrested him on the
basis of PP 1017; third, he was brought at Camp Karingal,
Quezon City where he was fingerprinted, photographed
and booked like a criminal suspect; fourth, he was treated
brusquely by policemen who held his head and tried to
push him inside an unmarked car; fifth, he was charged145
with Violation of Batas Pambansa Bilang No. 880 and
Inciting to Sedition; sixth, he was detained for seven (7)
hours; and seventh, he was eventually released for
insufficiency of evidence.
Section 5, Rule 113 of the Revised Rules on Criminal
Procedure provides:
x x x.
_______________
265
_______________
266
_______________
267
_______________
149 Reyes v. Bagatsing, No. L65366, November 9, 1983, 125 SCRA 553.
150 Section 5. Application requirements.All applications for a permit
shall comply with the following guidelines:
x x x x x x
(c) If the mayor is of the view that there is imminent and grave danger
of a substantive evil warranting the denial or modification of the
permit, he shall immediately inform the applicant who must be heard on
the matter.
268
_______________
269
_______________
270
JUSTICE CALLEJO:
You made quite a mouthful of admission when you
said that the policemen, when inspected the Tribune
for the purpose of gathering evidence and you admitted
that the policemen were able to get the clippings. Is
that not in admission of the admissibility of these
clippings that were taken from the Tribune?
SOLICITOR GENERAL BENIPAYO:
Under the law they would seem to be, if they were
illegally seized, I think and I know, Your
155
Honor, and
these are inadmissible for any purpose.
_______________
271
x x x x x x x x x
SR. ASSO. JUSTICE PUNO:
These have been published in the past issues of the
Daily Tribune; all you have to do is to get those past
issues. So why do you have to go there at 1 oclock in
the morning and without any search warrant? Did
they become suddenly part of the evidence of rebellion
or inciting to sedition or what?
SOLGEN BENIPAYO:
Well, it was the police that did that, Your Honor. Not
upon my instructions.
SR. ASSO. JUSTICE PUNO:
Are you saying that the act of the policeman is illegal,
itis not based on any law, and it is not based on
Proclamation 1017.
SOLGEN BENIPAYO:
It is not based on Proclamation 1017, Your Honor,
because there is nothing in 1017 which says that the
police could go and inspect and gather clippings from
Daily Tribune or any other newspaper.
SR. ASSO. JUSTICE PUNO:
Is it based on any law?
SOLGEN BENIPAYO:
As far as I know, no, Your Honor, from the facts, no.
SR. ASSO. JUSTICE PUNO:
So, it has no basis, no legal basis whatsoever?
SOLGEN BENIPAYO:
Maybe so, Your Honor. Maybe so, that is why I said, I
dont know if it is premature to say this, we do not
condone this. If the people who have been
injured by this would want to sue them, 156
they can
sue and there are remedies for this.
_______________
272
SUMMATION
_______________
273
_______________
158 Smith and Cotter, Powers of the President During Crisis, 1972, p.
146.
275
CONCURRING OPINION
PANGANIBAN, C.J.:
_______________
1 Senate of the Philippines v. Ermita, G.R. No. 169777, April 20, 2006,
488 SCRA 1.
2 Bayan v. Ermita, G.R. No. 169838, April 25, 2006, 488 SCRA 226.
277
CONCURRING OPINION
YNARESSANTIAGO, J.:
_______________
279
_______________
3 G.R. Nos. 169838, 169848, 169881, April 25, 2006, 488 SCRA 226.
280
_______________
282
DISSENTING OPINION
TINGA, J.:
I regret to say that the majority, by its ruling today, has
imprudently placed the Court in the business of defanging
paper tigers. The immodest show of brawn unfortunately
_______________
283
_______________
1 G.R. Nos. 159085, 159103, 159185, 159196, 3 February 2004, 421
SCRA 656.
2 R. Agpalo, Statutory Construction, 3rd ed. (1995), at p. 21.
3 When a statute is reasonably susceptible of two constructions, one
constitutional and the other unconstitutional, that construction in favor of
its constitutionality shall be adopted and the construction that will render
it invalid rejected. See R. Agpalo, Id.,
284
_______________
285
_______________
286
_______________
13 See Section 18, Article VII, Constitution.
287
PP 427 PP 1017
289
_______________
_______________
_______________
292
292 SUPREME COURT REPORTS ANNOTATED
David vs. MacapagalArroyo
_______________
22 Supra note 8.
293
294
_______________
23 The declaration of martial law then within the President to make
under authority of Section 10(2), Article VII of the 1935 Constitution.
295
_______________
_______________
25 Aquino, Jr. v. Enrile, Id., at pp. 240241.
297
_______________
26 Aquino, Jr. v. Enrile, Id., at pp. 262263, Castro, J., Separate
Opinion.
298
_______________
27 Id., at pp. 398399, Barredo, J., concurring.
28 Id., at pp. 405406, Barredo, J., concurring.
299
xxx
Proclamation 1081 is in no sense any more constitutionally
offensive. In fact, in ordering detention of persons, the
Proclamation pointedly limits arrests and detention only to those
presently detained, as well as others who may hereafter be
similarly detained for the crimes of insurrection or rebellion, and
all other crimes and offences committed in furtherance or on the
occasion thereof, or incident thereto, or in connection therewith,
for crimes against national security and the law of nations,
crimes, against the fundamental laws of the state, crimes against
public order, crimes involving usurpation of authority, rank, title
and improper use of names, uniforms and insignia, crimes
committed by public officers, and for such other crimes as will be
enumerated in Orders that I shall subsequently promulgate, as
well as crimes as a consequence of any violation of any decree,
order or regulation promulgated by me personally or promulgated
upon my direction. Indeed, even in the affected areas, the
Constitution has not been really suspended much less discarded.
As contemplated in the fundamental law itself, it is merely in a
state of anaesthesia, to the end that the much needed major
surgery to save the nations life may be successfully
29
undertaken.
xxx
_______________
29 Id., at p. 423, Barredo, J., concurring.
30 Constitution, Section 18, Article VII.
300
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303
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305
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307
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309
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310
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311
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40 Id., at p. 379.
312
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41 Decision, infra.
42 Id.
43 G.R. No. 152259, 29 July 2004, 435 SCRA 371, 395406.
44 Id., at p. 398, citing Estrada v. Sandiganbayan, 421 Phil. 290; 369
SCRA 394, J. Kapunan, dissenting, at pp. 382384; p. 529.
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56 Id., at p. 345.
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VI. Conclusion
o0o
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